Watts, Lelieth v Sydnia Matheson
Civil Practice & Procedure Doctrine of Res Judicata – Who is entitled to the residuary estate – Fit and proper person to apply for Letters of Administration with Will Annexed – Section 20 of the Wills Act – Intestates’ Estates and Property Charges Act – Declaration of Paternity – Status of Children Act– Sections 7 (1) (b) and 10 (2) of the Status of Children Act – Costs – Court’s power to vary or revoke Orders made
Hall, Kishane v Tapple, Kemwell and Kenardo Nicholas
Tort – Negligence – Motor Vehicle Collision – Whether Defendant Breached his Duty of Care to the Claimant and Caused Loss and Damage. Tort – Negligence – Contributory Negligence – Motor Vehicle Collision – Whether Claimant Contributed in Whole or in Part to his Losses. Assessment of Damages – Quantum of Damages to be Awarded – Whether a Medical Report is Necessary before the Court can find that a Claimant is Injured – Whether Claimant Has Proved His Injuries Despite Absence of Medical Report. Legislation – Road Traffic Act 1938 – s. 51.
Blake, Glanville v Peter Thompson, et al
CIVIL PRACTICE & PROCEDURE Whether an applicant is entitled to have a subsequent Notice of Application for relief from sanctions and/or permission for documents and witness statements to stand heard, given that earlier orders, namely an unless order resulting in the striking out of a prior application, have already dealt with the non-compliance – Application for Relief from Sanctions – Rule 26.8 of the CPR – Whether the application was made promptly – Whether the application is supported by evidence on affidavit – Whether the failure to comply was not intentional – Whether there is a
Dixon, Samuel v Harris, Dudley
Civil Procedure – Application for Default Judgment – Claim in Land – Proceedings commenced against one of three trustees to a sale agreement – No explanation why proceedings were not instituted against all three – Order for Specific Performance – Default Judgment Rule 12.9(2)(b) of the CPR.